Terms of Service – CANFAR Website
1. ACCEPTANCE OF TERMS
The Canadian Foundation for AIDS Research (“CANFAR” or “us” or “we”) provides its service to you, subject to the following Terms of Service ("TOS"), which may be updated by us from time to time without notice to you. You can review the most current version of the TOS at any time at: http://www.CANFAR.com/en_CA/p/terms-of-service. In addition, when using particular CANFAR services, you may be subject to guidelines or rules or additional terms (which may be posted from time to time) applicable to such services and which are incorporated by reference into the TOS. All such guidelines or rules are hereby incorporated by reference into the TOS. CANFAR may also offer other services that are governed by different Terms of Service.
Accepting the Terms
i. In order to use the Service (see 2. below for Description of Service), you must first agree to the TOS. You may not use the Service if you do not accept the TOS.
ii. You accept the TOS during the registration process on the CANFAR website when you register by clicking “Create Account”. You can also accept the TOS by actually using the Service. In this case, you understand and agree that CANFAR will treat your use of the Service as acceptance of the TOS from that point onwards.
iii. You may not use the Service and may not accept the TOS if (a) you are not of legal age to form a binding contract with CANFAR, or if you do not have consent from your parent/guardian if you are not of legal age to form a binding contract with CANFAR, or (b) you are a person barred from receiving the Service under the laws of Canada or other countries including the country in which you are resident or from which you use the Service.
2. DESCRIPTION OF SERVICE
CANFAR is a charitable foundation which raises awareness of HIV/AIDS issues within Canada and globally, and raises money for Canadian HIV/AIDS research. Among other things, CANFAR currently provides users with the tools to raise money via CANFAR’s platforms. Examples of tools may include various widgets, communications tools, forums, shopping services, search services, personalized content and branded programming, or other mediums or devices now known or hereafter developed (the "Service"). You understand and agree that the Service may include advertisements and that these advertisements are necessary for CANFAR to provide the Service and to raise money for HIV/AIDS research. You understand and agree that the Service may include certain communications from CANFAR, such as service announcements and administrative messages that are considered part of the CANFAR website membership, and that you cannot opt out of receiving them. Unless explicitly stated otherwise, any new features that augment or enhance the current Service, are subject to the TOS. You understand and agree that the Service is provided "AS-IS" and that CANFAR assumes no responsibility for the timeliness, deletion, mis-delivery or failure to store any user communications or personalization settings.
You are responsible for obtaining access to the Service and that access may involve third party fees (such as Internet service provider or airtime charges). You are responsible for those fees, including fees associated with the display or delivery of advertisements. In addition, you must provide and are responsible for all equipment necessary to access the Service.
CANFAR services and website (http://www.CANFAR.com) are hosted in Dallas, Texas, United States of America.
3. YOUR REGISTRATION OBLIGATIONS
In consideration of your use of the Service, you represent that you are of legal age to form a binding contract, or have parental/guardian consent to use the Service, and are not a person barred from receiving services under the laws of Canada or other applicable jurisdictions. You also agree to: (a) provide true, accurate, current and complete information about yourself as prompted by the Service's registration form (such information being the "Registration Data") and (b) maintain and promptly update the Registration Data to keep it true, accurate, current and complete. If you provide any information that is untrue, inaccurate, not current or incomplete, CANFAR has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, and CANFAR has the right to suspend or terminate your account and refuse any and all current or future use of the Service (or any portion thereof).
CANFAR is concerned about the safety and privacy of all its users, particularly children. For this reason, parents who wish to allow their children access to the Service should assist them in setting up any relevant accounts and supervise their access to the Service. By allowing your child access to the Service, they will be able to access all of the Services possibly including, widgets, advertisements, message boards, and groups (among others). Please remember that the Service is designed to appeal to a broad audience. Accordingly, as the legal guardian, it is your responsibility to determine whether any of the Services and/or Content (as defined in Sections 6, 8 and 9 below) are appropriate for your child.
The CANFAR I.D. associated with your account is the property of CANFAR or its affiliates, and is not your personal information.
5. MEMBER ACCOUNT, PASSWORD, AND SECURITY
During registration for a CANFAR I.D., you will select a password and CANFAR Username (I.D.). Upon successful registration for the Service, you will receive an account designation. You understand and agree that you are solely responsible for maintaining the confidentiality of your account including your password, and are fully responsible for all activities that occur under your account, including your password. You agree to (a) immediately notify CANFAR of any unauthorized use of your password or account or any other breach of security. CANFAR will not be liable for any loss or damage arising from your failure to comply with this Section 5.
6. MEMBER CONDUCT
You understand that all materials, including without limitation, information, data, text, software, music, sound, photographs, graphics, video, and email messages or other kinds of messages ("Content"), whether publicly posted or privately transmitted, are the sole responsibility of the person from which such Content originated. This means that you, and not CANFAR, are entirely responsible for all Content that you upload, post, transmit, or otherwise make available via the Service. You understand that by using the Service, you may be exposed to Content that is offensive or objectionable. Under no circumstances will CANFAR be liable in any way for any Content, including, but not limited to, for any errors or omissions in any Content, or for any loss or damage of any kind incurred as a result of the use of or reliance upon any Content posted, emailed, transmitted, or otherwise made available via the Service.
You agree that you will not use the Service to:
i. upload, post, email, transmit, or otherwise make available any Content that is harmful, threatening, abusive, harassing, tortuous, defamatory, vulgar, obscene, libelous, invasive of another's privacy, hateful, racially, ethnically or otherwise objectionable or generally unlawful;
ii. harm minors in any way;
iii. impersonate any person or entity, including, but not limited to, a CANFAR official, forum leader, guide or host, or falsely state or otherwise misrepresent your affiliation with a person or entity;
iv. forge headers or otherwise manipulate identifiers in order to disguise the origin of any Content transmitted through the Service;
v. upload, post, email, transmit or otherwise make available any Content that you do not have a right to make available under any law or under contractual or fiduciary relationships (such as inside information, proprietary and confidential information learned or disclosed as part of employment relationships or under nondisclosure agreements);
vi. upload, post, email, transmit or otherwise make available any Content that infringes any patent, trademark, trade secret, copyright or other proprietary rights ("Rights") of any party;
vii. upload, post, email, transmit or otherwise make available any unsolicited or unauthorized advertising, promotional materials, "junk mail," "spam," "chain letters," "pyramid schemes," or any other form of solicitation, whether legal or illegal;
viii. upload, post, email, transmit or otherwise make available any material that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment;
ix. interfere with or disrupt the Service or servers or networks connected to the Service, or disobey any requirements, procedures, policies or regulations of networks connected to the Service;
x. intentionally or unintentionally violate any applicable local, provincial, national or international law, including, but not limited to, regulations promulgated by securities regulatory authorities and stock exchanges;
xi. collect or provide funds, directly or indirectly, in order to carry out terrorist crimes, contribute to or facilitate the activities of a terrorist group, or instruct anyone to carry out a terrorist activity, including doing any of the foregoing in relation to a listed entity under s.83.05 of Part II.1 of the Criminal Code.
xii. "stalk" or otherwise harass another; or
xiii. collect or store personal data about other users without their express consent or in connection with the prohibited conduct and activities set forth in paragraphs (i) through (xii) above.
xiv. intentionally or unintentionally “game the system” (i.e. using the rules, policies and procedures of a system against itself for purposes outside what these rules were intended for (from http://www.wikitruth.info/index.php?title=Gaming_the_system).
xv. intentionally or unintentionally commit click fraud by using a person, automated script, or computer program to imitate legitimate use of a web browser.
You also agree:
i. not to access (or attempt to access) the Service by any means other than through the interface that is provided by CANFAR, unless you have been specifically allowed to do so in a separate agreement with CANFAR. You specifically agree not to access (or attempt to access) the Service through any automated means (including use of scripts or web crawlers) and shall ensure that you comply with the instructions set out in any robots.txt file present on the Service.
ii. that unless you have been specifically permitted to do so in a separate agreement with CANFAR, you agree that you will not reproduce, duplicate, copy, sell, trade or resell the Service for any purpose.
You acknowledge that CANFAR does not pre-screen Content, but that CANFAR and its designees have the right (but not the obligation) in their sole discretion to refuse or move any Content that is available via the Service. Without limiting the foregoing, CANFAR and its designees shall have the right to remove any Content that violates the TOS or is otherwise objectionable. You agree that you must evaluate, and bear all risks associated with, the use of any Content, including any reliance on the accuracy, completeness, or usefulness of such Content. In this regard, you acknowledge that you may not rely on any Content created by CANFAR or submitted to CANFAR that is available on any part of the Service.
You acknowledge and expressly consent to CANFAR accessing, preserving, and disclosing your account information and Content if required to do so by law or in the good faith belief that such access, preservation or disclosure is reasonably necessary to: (a) comply with legal process; (b) enforce the TOS; (c) respond to claims that any Content violates the rights of third-parties; (d) respond to your requests for customer service; or (e) protect the rights, property, or personal safety of CANFAR, its users and the public.
You understand that the technical processing and transmission of the Service, including your Content, may involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices.
You understand that the Service and software embodied within the Service may include security components that permit digital materials to be protected, and use of these materials is subject to usage rules set by CANFAR and/or content providers who provide Content to the Service. You agree that you will not attempt to override or circumvent any of the usage rules embedded into the Service. Any unauthorized reproduction, publication, further distribution or public exhibition of the materials provided on the Service, in whole or in part, is strictly prohibited.
7. SPECIAL ADMONITIONS FOR INTERNATIONAL USE
Recognizing the global nature of the Internet, you agree to comply with all local rules regarding online conduct and acceptable Content. Specifically, you agree to comply with all applicable laws regarding the transmission of technical data exported from Canada or the country in which you reside.
8. CONTENT SUBMITTED OR MADE AVAILABLE FOR INCLUSION ON THE SERVICE
CANFAR does not claim ownership of Content you submit or make available for inclusion on the Service. However, with respect to Content you submit or make available for inclusion on publicly accessible areas of the Service, you grant CANFAR the following world-wide, royalty free and non-exclusive license(s), as applicable:
* With respect to photos, graphics, audio, or video you submit or make available for inclusion on publicly accessible areas of the Service, the license to use, distribute, reproduce, modify, adapt, publicly perform and publicly display such Content on the Service solely for the purpose for which such Content was submitted or made available. This license exists only for as long as you elect to continue to include such Content on the Service and will terminate at the time you request that the Content be removed or CANFAR removes such Content from the Service.
* With respect to Content other than photos, graphics, audio or video you submit or make available for inclusion on publicly accessible areas of the Service, the perpetual, irrevocable and fully sub-licensable license to use, distribute, reproduce, modify, adapt, publish, translate, publicly perform and publicly display such Content (in whole or in part) and to incorporate such Content into other works in any format or medium now known or later developed.
"Publicly accessible" areas of the Service are those areas of the CANFAR network of properties that are intended by CANFAR to be available to the general public. By way of example, publicly accessible areas of the Service would include CANFAR blogging and comment areas that are open to both members and visitors.
9. OTHER CONTENT
i. You understand that all information (such as data files, written text, computer software, music, audio files or other sounds, photographs, videos or other images) which you may have access to as part of, or through your use of, the Service are the sole responsibility of the person from which such content originated. All such information is referred to below as the “Content”.
ii. You should be aware that Content presented to you as part of the Service, including but not limited to advertisements in the Service and sponsored Content within the Service may be protected by intellectual property rights which are owned by the sponsors or advertisers who provide that Content to CANFAR (or by other persons or companies on their behalf). You may not modify, rent, lease, loan, sell, distribute or create derivative works based on this Content (either in whole or in part) unless you have been specifically told that you may do so by CANFAR or by the owners of that Content, in a separate agreement.
iii. CANFAR reserves the right (but shall have no obligation) to pre-screen, review, flag, filter, modify, refuse or remove any or all Content from any Service. This may include use of commercially available services and software to limit access to material that you may find objectionable.
iv. You understand that by using the Service you may be exposed to Content that you may find offensive or objectionable and that, in this respect, you use the Service at your own risk.
v. You agree that you are solely responsible for (and that CANFAR has no responsibility to you or to any third party for) any Content that you create, transmit or display while using the Service and for the consequences of your actions (including any loss or damage which CANFAR may suffer) by doing so.
vi. You may not link or frame this website without CANFAR's express permission, You acknowledge that the Service may include hyperlinks to other web sites or content or resources. CANFAR may have no control over any web sites or resources which are provided by companies or persons other than CANFAR and use of such sites is entirely at your own risk.
vii. You acknowledge and agree that CANFAR is not responsible for the availability of any such external sites or resources, and does not endorse any advertising, products or other materials on or available from such web sites or resources.
viii. You acknowledge and agree that CANFAR is not liable for any loss or damage which may be incurred by you as a result of the availability of those external sites or resources, or as a result of any reliance placed by you on the completeness, accuracy or existence of any advertising, products or other materials on, or available from, such web sites or resources.
i. Some of the Services are supported by advertising revenue and may display advertisements and promotions. These advertisements may be targeted to the content of information stored on the Service, queries made through the Service or other information.
ii. The manner, mode and extent of advertising by CANFAR on the Service are subject to change without specific notice to you.
iii. In consideration for CANFAR granting you access to and use of the Service, you agree that CANFAR may place such advertising on the Services.
You agree to indemnify and hold CANFAR and its affiliates, officers, agents, co-branders or other partners, and employees harmless from any claim or demand, including reasonable legal fees, made by any third party due to or arising out of Content you submit, post, transmit or make available through the Service, your use of the Service, your connection to the Service, your violation of the TOS, or your violation of any rights of another.
12. NO RESALE OF SERVICE
You agree not to reproduce, duplicate, copy, sell, trade, or exploit for any commercial purposes, any portion of the Service (including the CANFAR ID associated with your account), use of the Service, or access to the Service.
13. LICENCE FROM CANFAR
i. CANFAR gives you a personal, worldwide, royalty-free, non-assignable and non-exclusive licence to use the software provided to you by CANFAR as part of the Service as provided to you by CANFAR (referred to as the “Software” below). This licence is for the sole purpose of enabling you to use and enjoy the benefit of the Service as provided by CANFAR, in the manner permitted by the Terms.
ii. You may not (and you may not permit anyone else to) copy, modify, create a derivative work of, reverse engineer, decompile or otherwise attempt to extract the source code of the Software or any part thereof, unless this is expressly permitted or required by law, or unless you have been specifically told that you may do so by CANFAR, in writing.
iii. Unless CANFAR has given you specific written permission to do so, you may not assign (or grant a sub-licence of) your rights to use the Software, grant a security interest in or over your rights to use the Software, or otherwise transfer any part of your rights to use the Software.
14. GENERAL PRACTICES REGARDING USE AND STORAGE
You acknowledge that CANFAR may establish general practices and limits concerning use of the Service. You agree that CANFAR has no responsibility or liability for the deletion or failure to store any messages and other communications or other Content maintained or transmitted by the Service. You acknowledge that CANFAR reserves the right to log off accounts that are inactive for a certain period of time as determined by CANFAR. You further acknowledge that CANFAR reserves the right to change these general practices and limits at any time, in its sole discretion, with or without notice.
15. MODIFICATIONS TO SERVICE and TERMS OF SERVICE
CANFAR reserves the right at any time to modify or discontinue, temporarily or permanently, the Service (or any part thereof) with or without notice. You agree that CANFAR will not be liable to you or to any third party for any modification, suspension or discontinuance of the Service. CANFAR reserves the right at any time to modify these Terms of Service (in whole or in part) from time to time; any such modification shall be immediately effective upon posting by CANFAR on the CANFAR website. You agree to be bound by any changes to these Terms of Service when you use CANFAR’s Services or Website after any such modification is posted. It is therefore important that you review these Terms of Service regularly.
16. TERMINATION AND RECYCLING OF ACCOUNTS
You agree that CANFAR, in its sole discretion, may terminate your account or any part thereof, including your use of the Service, and remove and discard any Content within the Service, for any reason, including, without limitation, (a) lack of use, (b) if CANFAR believes that you have violated or acted inconsistently with the letter or spirit of the TOS, (c) requests by law enforcement or other government agencies, (d) a request by you (self-initiated account deletions), (e) discontinuance or material modification to the Service (or any part thereof), (f) unexpected technical or security issues or problems, (g) in compliance with legal process; (h) if you have or we believe you have engaged in illegal activities, including without limitation, fraud in connection with the Services. CANFAR may also, in its sole discretion and at any time, discontinue providing the Service, or any part thereof, with or without notice. You acknowledge and agree that any termination of your access to the Service under any provision of this TOS may be effected without prior notice and that CANFAR may immediately deactivate or delete your account and all related Content associated with your account and/or bar any further access to such Content or the Service. Further, you agree that CANFAR is not liable to you or any third-party for termination of your account or termination of your access to the Service.
17. DEALINGS WITH ADVERTISERS
Your correspondence or business dealings with, or participation in promotions of, advertisers found on or through the Service, including payment and delivery of related goods or services, and any other terms, warranties, representations, or conditions associated with such dealings, are solely between you and such advertiser. You agree that CANFAR is not responsible or liable for any loss or damage of any sort incurred as a result of such dealings or as a result of the presence of such advertisers on the Service.
18. CANFAR PROPRIETARY RIGHTS
You acknowledge and agree that the Service, the content of the website, and any necessary software used in connection with the Service contain proprietary and confidential information that is protected by applicable intellectual property and other laws. You further acknowledge and agree that Content contained in sponsor advertisements or information presented to you through the Service or advertisers is protected by copyrights, trademarks, service marks, patents, or other proprietary rights and laws. Your use of the content, the website, and the Service is subject to the terms set out herein and you agree to use them for no other purpose except as expressly authorized by CANFAR or advertisers, you agree not to modify, rent, lease, loan, sell, distribute or create derivative works based on the Service or the Software, in whole or in part.
19. DISCLAIMER OF WARRANTIES, REPRESENTATIONS, AND CONDITIONS
You expressly understand and agree that:
i. your use of the Service is at your sole risk. The Service is provided on an "as is" and "as available" basis. CANFAR expressly disclaims all warranties, representations and conditions of any kind, whether express or implied, including, but not limited to the implied warranties, representations and conditions of merchantability, fitness for a particular purpose and non-infringement.
ii. CANFAR makes no warranty that (i) the Service will meet your requirements, (ii) the Service will be uninterrupted, timely, secure, or error-free, (iii) the results that may be obtained from the use of the Service will be accurate or reliable, (iv) the quality of any products, services, information, or other material purchased or obtained by you through the Service will meet your expectations, and (v) any errors in the software will be corrected.
iii. Any material downloaded or otherwise obtained through the use of the Service is done at your own discretion and risk and that you will be solely responsible for any damage to your computer system or loss of data that results from the download of any such material.
iv. No advice or information, whether oral or written, obtained by you from CANFAR or through or from the Service shall create any warranty not expressly stated in the TOS.
20. LIMITATION OF LIABILITY
You expressly understand and agree that CANFAR shall not be liable for any direct, indirect, incidental, special, consequential, or exemplary damages, including but not limited to, damages for loss of profits, goodwill, use, data, or other intangible losses (even if CANFAR has been advised of the possibility of such damages), resulting from: (i) the use or the inability to use the Service; (ii) the cost of procurement of substitute goods and services resulting from any goods, data, information, or services purchased or obtained or messages received or transactions entered into through or from the Service; (iii) unauthorized access to or alteration of your transmissions or data; (iv) statements or conduct of any third party on the Service; or (v) any other matter relating to the Service.
CANFAR and its licensors are not responsible or liable for the accuracy, usefulness or availability of any information transmitted or made available via the Service, and are not responsible or liable for any trading or investment decisions made based on such information.
21. EXCLUSIONS AND LIMITATIONS
Some jurisdictions do not allow the exclusion of certain warranties, representations and conditions or the limitation or exclusion of liability for incidental or consequential damages. Accordingly, some of the above limitations of Sections 19 and 20 may not apply to you.
22. NO THIRD PARTY BENEFICIARIES
You agree that, except as otherwise expressly provided in this TOS, there shall be no third party beneficiaries to this Agreement.
Notices to you may be made via either email or regular mail. The Service may also provide notices of changes to the TOS or other matters by displaying notices or links to notices to you on the Service.
24. TRADEMARK AND COPYRIGHT INFORMATION
CANFAR and CANFAR trademarks and service marks and other CANFAR logos and product and service names are trademarks of CANFAR used by CANFAR in Canada under permission. You agree not to display or use in any manner the CANFAR marks unless you obtain CANFAR's prior express permission. If you are seeking permission to use any CANFAR trademarks, logos, service marks, trade dress, slogans, screen shots, copyrighted designs, or other brand features, please contact Sherrie James, sjames@CANFAR.com.
All images and photos used on the CANFAR website should not be reproduced or downloaded without prior consent of CANFAR or the applicable photographer credited.
25. NOTICE AND PROCEDURE FOR MAKING CLAIMS OF COPYRIGHT OR INTELLECTUAL PROPERTY INFRINGEMENT
CANFAR respects the intellectual property of others, and we ask our users and partners to do the same. CANFAR may, in appropriate circumstances and at its discretion, disable and/or terminate the accounts of users who may be repeat infringers. If you believe that your work has been copied in a way that constitutes copyright infringement, or your intellectual property rights have been otherwise violated, please provide CANFAR with the following information in writing:
1. a signature of the person authorized to act on behalf of the owner of the copyright or other intellectual property interest;
2. a description of the copyrighted work or other intellectual property that you claim has been infringed;
3. a description of where the material that you claim is infringing is located on the site;
4. your address, telephone number, and email address;
5. a statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; and
6. a statement by you that the above information in your Notice is accurate and that you are the copyright or intellectual property owner or authorized to act on the copyright or intellectual property owner's behalf.
You can send claims of copyright or other intellectual property infringement to:
CANFAR Legal Department
165 University Avenue, Suite 710
Toronto, Ontario, Canada M5H 3B8
26. GENERAL INFORMATION
Entire Agreement. The TOS constitute the entire agreement between you and CANFAR and govern your use of the Service, superseding any prior agreements, oral or written, between you and CANFAR with respect to the Service. You may also be subject to additional terms and conditions that may apply when you use or purchase certain CANFAR services, affiliate services, third-party content or third-party software.
Choice of Law and Forum. The TOS and the relationship between you and CANFAR shall be governed by the laws of the province of Ontario and Canada without regard to its conflict of law provisions. You and CANFAR agree to submit to the personal and exclusive jurisdiction of the courts located within the province of Ontario, Canada.
Waiver and Severability of Terms. The failure of CANFAR to exercise or enforce any right or provision of the TOS shall not constitute a waiver of such right or provision. If any provision of the TOS is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavour to give effect to the parties' intentions as reflected in the provision, and the other provisions of the TOS remain in full force and effect.
No Right of Survivorship and Non-Transferability. You agree that your CANFAR account is non-transferable and any rights to your CANFAR I.D. or Content within your account terminate upon your death. Upon receipt of a copy of a death certificate, your account will be terminated and all public Content may be permanently deleted.
Statute of Limitations. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the Service or related to the TOS must be filed within one (1) year after such claim or cause of action arose or be forever barred.
Further Assurances. You agree to use reasonable efforts to do, make, execute, deliver, or cause to be done, made, executed, or delivered, all such further acts, documents, and things as CANFAR may reasonably require from time to time for the purpose of giving effect to these TOS, including regularly reviewing the TOS and updating your registration information.
Language. The parties hereto have agreed that this Agreement and any of its accessories, including notice, be written in the English language. Les parties aux présentes ont exigé que ce contrat et ses accessoires, y compris tout avis, soient rédigés en anglais.
The section titles in the TOS are for convenience only and have no legal or contractual effect.
Please report any violations of the TOS to Sherrie James, sjames@CANFAR.com.
Last Updated September 6, 2011.